The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1887-11-03
Hamilton's Hand i'm the Judi
ciary,

the Judiciary of the State.
OF the Judges who have ruled in the
Hamilton assassination case, three of
these, Judges Wharton, Peyton, and
Mayors, come up for appointment.
Two of these gentlemen, Judges
Wharton and Peyton, took view
of the law and evidence in the case
unfavorablc to the accused and ruled
against the motions of the defense.
One of them, Judge Mayors, interpre-
ted such law points as were presented
to him favorable to Hamilton and
granted the continuance requested.
Now, in the case of Judge Mayors,
no opposition has been made by the
lawyers of the defense to his appoint
ment.
In the case of Judge Wharton, and
more emphatically so in the case of
Judge Peyton, who is regarded by
the partisans of assassination as re-
sponsible for the Incarceration of
Hamilton, an opposition, strong i'll its
intensity, though weak in numbers, is
being made against their reappoint-
ment.
1t is the practically unanimous ver-
dict of the Mississippi bar that there
is no ADLER, more clean handed and up
right Judge in Mississippi (nOt even
excepting the Supreme Judges) than
Chancellor PeytOn. His court has
been a model of learning, courtesy,
promptness and fairness. His reap
pointment has been, and for that mat
ter, still is, regarded as 4 matter of
course.
Nineteen members of the Jackson
bar including such men as Senator
George, Col. c. +. Hooker and Capt.
Frank Johnston, have signed his petit
ton for reappointment.
But this petition is, perhaps, more
remarkable for the absence of certain
names than for even the presence of its
illustrious signatures.
Nowhere on it are found the names
of two of the firms for the defense.
Judge Peyton ruled against them in
the Hamilton case, and their names
are not appended to his petition for
reappointment, though he is amply
capable for the position.
Moreover, we understand that this
opposition does not cOntine itself to Il
passionless inactivity, but assumes "a
partisanship of Mr.. c. NJ. William
sons claim and attempt to influence
other bars in his favor.
1t is difficult always to judge mems
motives. But this opposition by the
defense to an honest, upright Judge,
who ruled against them, and whom
their journals have lost no oppOrtuni-
ty to abuse, looks like an attempt on
their part to punish him for his failure
to comply with their requests. 1t
will so be construed by the public.
Such construction is almost unavoid-
able. 1t will, i'll fact, whether so in
tended or not, have the effect of n
warming to future Judges who pre-
side in this case not to decide against
the defense.
This movement is i'll keeping with
the opposition-not of the lawyers
in the case - but of HamiltOn's
partisans and friends to Capt.
Ratlitf in the late primaries. 1t
is in keeping with their proud
exultance over his defeat. 1t
is in keeping with Hamilton's threat
last summer, that no man who oppOs-
ed him could be elected to an Office in
Kinds county. Connected with this,
it seems threat to all who dare open
ly oppose and denOunce assassination.
If you condemn law-breaking, do it
silently, it seems to say.
We regret far beyond what we are
able to express, that the defense have
been so unwise as to take this step.
Whatever motive prompted it, it is
unfortunate. The public can but inter
pref it one way.
1t seems to lis deplorable that this
case should not be tried just like any
other murder case. 1t seems to us
that the issue, whether or not, Hamil-
tons hands are red with the blood of
Roderick Gambrell ought not to be
clouded with alien issues. Had it
rested with the prosecution it would
not have been so clOuded. a man
ought to be allowed to hold and eX-
press an opinion as to HamiltOn's guilt
without awakening the opposition
and prosecuting enmity of the believ-
ers in his innocence. But it appears
this con not be.
We cannot believe that this OppO-
sition will avail. Judge PeytOn has
the unanimous endorsement of the
Second District of Kinds county, to-
gether with that of nineteen members
of the First District, to about four
against him; these opponents being of
HamiltOn's counsel. He has the prac-
tically unanimous endorsement of ev-
a,y other har i'm his district, With